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One of you OWNS the fence. If you have questions about who owns the boundary fencing in your yard, you can also ask the neighbors. Owners of adjoining land not divided by a sufficient fence need to pay or contribute to the erection of a sufficient or rabbit-proof fence. Then you have to find out if your neighbors have any rights to the existing structure. Your neighbor is not legally allowed to remove a fence that is between your properties if they dont own the fence. In general, you should always build boundary fences with the panels facing outward along the border. We use a range of cookies to improve your experience of our site. Laws about boundary fences can change based on where you live. I'd appreciate it if you could respond to me regarding this as soon as possible so that we can resolve the matter. There is no party wall agreement between us and they did not ask for permission. Therefore, I would be grateful if you would arrange the necessary work to resolve this situation. What Can You Do if Your Neighbor is Damaging Your Fence? While this may give you some satisfaction in the short term, its unlikely to give you much long-term comfort. you disabled cookies on this website - some functions will not operate as intended. The Act does not deal with disputes about fences that are not on a boundary line. How soon am I likely to get the answer. What do I do if my letter doesnt solve the dispute? About 8 years ago -we put a fence up in our garden about two feet in from the boundary because the previous neighbour refused to cut back bramble. Adverse Possession and Your Neighbour's Fence Or ask the court to help you change the parameters. I'm just getting in touch regarding the [fence/hedge/other encroachment] on this side of your property. Old boundary fence becomes legal? Neighbour replaced fence without asking me! - netmums.com Answer (1 of 25): You have 3 questions, and the answers to all 3 are "No." Neighbor cannot remove a boundary line fence without your permission. I'm just getting in touch regarding the [insert species if known] tree at [location]. 1.2K Posts. 12 Worked at a fence company for 10+ years. A fence erected on the line between the lands of adjoining owners generally belongs to the parties as tenants in common. When it comes to laws on boundary fences, they vary from city to city and each state has different views on the laws. No Dig Vinyl Fence The white picket fence of your dreams, 2. Line Fences Act | ontario.ca You also cant cause a nuisance with your fence or put the neighbors in danger. I am keen to settlethis issue - as I am sure you are too. If you go down this route your neighbour should understand that the new fence is your private property, erected inside the boundary on your own land. Local laws differ regarding who owns a fence built on the property line. The boundary fence around your property belongs to the person who built it. That placement gives your lawn a sleek appearance and better curb appeal. A final option is to erect a new fence on your own land at your own expense, alongside your neighbour's old one. Perhaps we could meet to discuss these options [next week/add relevant date]. You might agree an alternative route for the fence. In civil actions, the burden is upon the plaintiff, to prove the removal or damages. Can My Neighbor Move My Fence? (We Checked the Laws) - Yard Blogger Until the contrary is shown, the partition fence is presumed to be the common property of both owners. Thanks for your answers. dig up the root and cut a tree root back to the boundary or fence line of your property. For example, the neighbor's hedge or fence is encroaching on your property. First of all, establish who is responsible for the fence on theboundary in question. And make sure the fence height is allowed in your neighborhood. - I am willing to sell the encroached land to you for a price agreed by an external surveyor. Rules about private fencing can vary from state to state. Each county has different laws regarding property lines and boundary fences. Last year we removed the old wood fence and installed a new wood fence on the same line as original fence. [choose one of the below or offer a choice to your neighbour], - Please would you move your [fence/hedge/other encroachment], [number] metres/centimetres, so that it is no longer on my property, - Please consider this letter written permission for you to "borrow" this strip of land. If your neighbor removed your boundary fence, involving the law may not be your best solution in this case since boundary disputes can drag on for years and affect the chance of selling your house in the future. Below, we provide both formal and informal examples of complaint letter templates to assist incommunicating with your neighbour regarding a boundary linedispute. If they wont do that pay for it yourself. Section62 Forumite. Common rules for boundary fences include: Now that we have the laws out of the way, lets decide if you should involve the law in your dispute or try to keep the issue between you and your neighbor and what is the best way to go about this. JavaScript seems to be disabled in your browser. If your neighbours hedge is growing in width and encroaching on your space, you are entitled to trim any part of it that crosses your boundary. Can neighbour remove boundary wall? Explained by Sharing Culture If they ignore your requests or neglect your lawful warnings, you can sue them in court. A final option is toerect a new fence on your own land at your own expense, alongside your neighbours old one. In Tasmania, you need a planning permit for rear and side fences if: The fence height exceeds 1.2 metres and is within 4.5 metres of a frontage. [Add below paragraph if other options are viable]. There would now be two fences along the boundary. However, you should bear in mind that thismay ultimately damage your relationship with your neighbour. I had a fence that got blown over in a hurricane. You cannot force your neighbor to put up a fence. Either way, dont tamper with a property barrier until you establish the rightful owner. Our neighbour's fence has been erected about 30cms INSIDE his boundary line, leaving old fence posts, sawn off on our side.. fencing and boundary accuracy - original boundary was straight whereas now it no longer is. Pennsylvania Property Line Fence Laws| Your Rights - Home Garden Guides Repairing a Boundary Fence; If a boundary fence needs to be repaired or . Specify a reasonable period in which the neighbor should fix the encroachment, for . Fencing in Victoria | Dispute Settlement Centre of Victoria If yourown fence has seen better days, find out more about our fence repair services. [v] Sanders v. Lefkovitz, 292 S.W. Heres how to do it: Make sure they agree with the proposed boundary change. And if the fence posts are on your side of the lawn, you can sue them for trespassing or vandalism. Think Before You Remove That Hedge - Stephensons Solicitors LLP Is It Legal to Have a Horse in Your Backyard? Hedges make a much better boundary than fences both in terms of look and durability and providing a haven for wildlife. the last 3 words need to be clarified. Your property deeds will usually be marked to show the boundaries for which the owner of a property is responsible, often labelled with a T-mark. They can insist. The height of your fence is beyond 4.5 metres of frontage and higher than 2.1 metres. I spoke with our neighbour this afternoon and we came to an agreement. Fences are not transitory, as personal estate. I look forward to seeing you on [date]. Fence issue. My neighbor has asked us to pay to remove the boundary . Can my Neighbour remove boundary fence? Don't use this disagreement to vent months or years of anger at your neighbor. Local fence laws work on the assumption that boundary fences benefit both property . feedback. The situation typically evolves into a dispute when the neighbor has been approached about the situation and either denies what they are doing or refuses to do anything about it. What are the 4 types of boundary disputes? Is the replacement fence reasonably the same cost? In this situation, you really need to choose your battles wisely. In general, cities prohibit fencing that obstructs the view or slows traffic flow. Instead, you should avoid the drama and put up a new fence yourself on your side of the property. Establishing Rights Over Fences & Boundaries [i] Hill v. Tohill, 225 Ill. 384, 393 (Ill. 1907. 3.4K Posts. In some cases, it may be possible for you and your neighbour to resolve the issue by simply speaking to one another. However, a landowner is not empowered to remove a partition fence without the adjacent landowners consent. In some areas, the fence remains the property of whomever paid to install and maintain it. You can find out more about our litigation and dispute resolution services here, or you can request a call back from us. If the prospect of watching the old fence rot away over the next few years doesnt appeal, you might offer to help your neighbour with the cost and / or the repair or installation of a new one. Let us explain. The issue is whether it needs to be repaired or replaced and thats the matter being debated. This maydepend on the nature and the seriousnessof the situation and your current relationship with your neighbour. My new neighbour has removed the fence along our shared boundary Click on a link to the section: Registered in England No. If the deeds arent in your possession, ask your conveyancing company or get a copy from Land Registry. My neighbour has moved our boundary fence without consulting with me and has erected a small fence in its place.This has been our boundary for 37 years and is constructed of a privet hedge. How to Get a Car Towed From Your Driveway Legally, Can I Dig a Well on My Property? We answer your questions about planning permission for fences: height, trellis, Conservation Areas, consequences of not getting permission and more.